Exam Flashcards
(11 cards)
What is Unlawful Act Manslaughter?
It is when the victim dies while the defendant is committing a criminal act such as burglary or criminal damage.
What did the case of Franklin establish about Unlawful Act Manslaughter?
It must be a criminal act for it to classify as unlawful act manslaughter, even if it is a minor crime.
What is the significance of the Lowe 1973 case in relation to Unlawful Act Manslaughter?
It established that there must be an act, not an omission; the law does not apply to omissions.
What was the outcome of the Lowe 1973 case?
The conviction was quashed because only an act, not an omission, would be sufficient for manslaughter.
What is required to prove a Dangerous Act in Unlawful Act Manslaughter?
The prosecution must prove that the act committed was dangerous using the church test.
What does the church test state?
A sober and reasonable person will inevitably recognize that the action would subject another person to the risk of some harm.
What is the case of Larkin about?
The defendant waved a razor to frighten his mistress’s lover, resulting in her death. It shows that the unlawful act does not need to be directed at the deceased.
What does Factual Causation examine?
It looks at the ‘but for’ test: but for the actions of the defendant, would the death of the victim have occurred?
What was the significance of the White case in Factual Causation?
The defendant’s actions of putting poison in his mother’s drink were a contributing factor to her death, even though she died of a heart attack.
What is Mens Rea in the context of Unlawful Act Manslaughter?
The mens rea would be the same as for the criminal act initially committed, such as burglary.
What does the Newbury v Jones case illustrate about Mens Rea?
It shows that there is no requirement for the defendant to foresee that some harm will result from their actions.
